The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1887-01-15
Board of House of Correction and
the County Magistrates.
For the pemocratic Advocate.


We learn through the press, that the Cor
rection Board administers reproof to some OF
the county Magistrates, for too indiscriminate
exercise of delegated State authority, in COM
mitments to the House of Correction. But
was glad to note that Carroll county was one
among the exceptions. Nevertheless, / would
most respectfully submit, through the columns
of the ADVOCATE, hypothetical case to illus
trate dilemma incident to county Magis-
trates: A good Samaritan describes on the
highway, a hapless, homeless, hungry, ex-
hausted stranger, whom he helps to the near
est Magistrate. That functionary examines
and cross examines him till he finds him
guilty ofhaving no home, no friends, no bread,
no money, and last but not least, he don't wish
to steal. Now comes the tug of adjudication.
No one prefers charges of offending against
any law of the State; as consequence, he
cannot be held for the action of the grand
inquest; then the county Jail is no place for
him; he is a citizen, and his citizenship not
appearing forfeited, he should not be deprived
of liberty, an inalienable right. And then,
the House of Correction is an institution where
is to be melted out to offenders temporary
penal servitude, to reimburse the State ex-
penses incurred in administering such neces-
sary correction. This man having done moth
ing amiss, the State has no legitimate power,
there to deprive him of that inalienable right,
liberty, and make him perform penal servi-
tude the while. The Justice of the Peace at
once sees where he ought to be sent, and
would send him to the county Almshouse,
(where he can leave if he desires, and is able)
but that authority is vested only in the board
of county commissioners, to be exercised at
their regular meetings-once month, per-
haps.
Now the situation resolves itself into this:
the Magistrate must travel hundred miles,
more or less, perhaps through mud knee-deep,
or through snow drifts, it may be waist high,
to and from the different corners of the coun-
ty, to get permission from the board of COM
missioners to send such a one to the Aims
house; and while he makes the journey he
must employ some one to take care of the
helpless stranger; or else while he awaits their
next meeting, and provides for the strangers
wants in the interim. And where is his re-
endorsement for all this?) Otherwise the
Magistrate must deprive the unfortunate one
liberty, by committing him to the House of
Correction, to suffer an unjusty and illegally
imposed penalty, or commit him to the coun-
ty Jail, to await subsequent action of higher
authority to turn him out, (being held for no
crimel tc finiisn dying on the highway, where
the good Samaritan found him. Now if we
may say of mankind in common, 'humdRunl
est eTQre, is 1t much TO be wondered at, II
county Magistrate does sometimes find HIM
self in mist, while the State allows an inter-
vening and insuperable barrier between him
and at least one, so very proper channel in
which he should be at liberty to exercise his
delegated authority in the absence of the
board of commissioners? thus virtually-well
him to give entrusted au-
thority such term as is reckless in seeming,
and that often eliminates in injustice to the
subject. If the Magistrate were allowed to
commit to the Almshouse, when absolute ne
cessity requires, then, if the party so com
mitted is of sane mind, and does not wish to
remain, they may leave at will; of if they be
non compos mentis, the Circuit Judge can dis
pose of them; or if commitment be in error
the same authority can give immediate relief
to the injured party and the county as well.
dot not presume for a moment, by the |
foregoing, 10 call in question the wisdom and
Justice of the censure expressed being |
apparent; but this Ia complaint rather, of
under which county Magistrates |
have to labor in eeEtai IN cases; which |, as one
nf IL - bst respectfully submit, |
for my unknown CO. !